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R (V) v South London and Maudsley NHS Foundation Trust
[2010] EWHC 742 (Admin), (2010) 13 CCLR 181
 
19.51R (V) v South London and Maudsley NHS Foundation Trust [2010] EWHC 742 (Admin), (2010) 13 CCLR 181
Habeas corpus was granted when the approved mental health professional knew full well that the patient had a nearest relative who could be contacted, but had not done so
Facts: the social worker completed an application for compulsory admission stating that the claimant’s nearest relative was unknown, when the social worker knew that the claimants nearest relative was his mother, had sought to contact her (unsuccessfully) and there were still several hours left in which to make continued efforts to make contact before the claimant’s existing detention expired.
Judgment: Wyn Williams J granted habeas corpus on the basis that the decision by the social worker had been Wednesbury unreasonable.
R (V) v South London and Maudsley NHS Foundation Trust
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